scholarly journals Security of personal data: legal standards of the European Union and modern applied problems

2021 ◽  
pp. 17-28
Author(s):  
V. BRYZHKO ◽  
V. PYLYPCHUK
Keyword(s):  
Social Relations ◽  
Personal Data ◽  
Legal Regulation ◽  
Digital Transformation ◽  
Eu Law ◽  
The European Union ◽  
Personal Data Protection ◽  
Legal Standards ◽  
Key Aspects ◽  
The Eu

The article is a continuation of a number of scientific works on the state, trends and further ensuring security of personal data in the context of digital transformation and related problems of legal regulation of new social relations in this area. The key aspects of the EU documents approved in recent years, in particular, the GDPR Regulation, the NIS Directive and the draft legal act on e-Privacy, are considered and evaluated. The main criteria and topical issues that need to be addressed in the context of the implementation of EU law and the development of national legislation on personal data protection are highlighted.

scholarly journals IDENTIFICATION DATA MANAGEMENT: LEGAL REGULATION AND CLASSIFICATION

10.23856/4325 ◽  
2021 ◽  
Vol 43 (6) ◽  
pp. 198-203
Author(s):  
Oleksii Kostenko
Keyword(s):  
Information And Communication Technologies ◽  
Social Relations ◽  
Driving Forces ◽  
Personal Data ◽  
Legal Regulation ◽  
The Internet ◽  
Personal Data Protection ◽  
Protection Information ◽  
Use Of The Internet ◽  
Almost All

The scale, speed and multi-vector development of science and technology are extremely effective in influencing legal, economic, political, spiritual, professional and other social relations. The development of information and communication technologies, the use of the Internet, the creation, storage, transmission, processing and management of information became the driving forces of the new scientific and technological revolution. This facilitates the introduction of technologies for the transmission and use of information in digital form in almost all spheres of public life, namely text data, photo, audio, video images, which are transmitted in various ways via the Internet and other systems and means of communication. One of the key elements of data transmission technologies and systems is the availability of information by which it is possible to identify their subjects and objects by their inherent identification attributes. In Ukrainian legislation, in particular in the Law of Ukraine «On Personal Data Protection», information or a set of information about an individual who is or can be identified specifically is defined as personal data. However, despite its modernity, this law still contains a number of shortcomings and uncertainties, both in terminology and in the legal mechanisms for working with data by which a person can be identified, i.e. identification data.

scholarly journals Judicial Review in Date Protection Cases in Bosnia and Herzegovina and Comparative Jurisdictions

2021 ◽  
pp. 181-206
Author(s):  
Armina Čunjalo ◽  
Zlatan Omerspahić
Keyword(s):  
Judicial Review ◽  
Current System ◽  
Personal Data ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Analysis ◽  
The European Union ◽  
Personal Data Protection ◽  
Legal Standards ◽  
Judicial Protection

The paper analyses the issue of judicial review in personal data protection proceedings. The subject of analyses is a procedural safeguard and other peculiarities of the administrative dispute and the standard of administrative law protection in the mentioned proceedings and the role of the Court of BiH. A comparative legal analysis of administrative-legal protection in the same disputes within Croatia and Slovenia is conducted, together with the relevant legal framework of the European Union. The comparative legal analysis aims to determine the extent to which the domestic model of administrative-legal protection and legal standards of judicial protection is compatible with the solutions adopted across Europe. It draws attention to problematic and controversial solutions to domestic legislation. In conclusion, the authors propose several regulatory solutions which would bring improvements to the current system of judicial protection in domestic law.

scholarly journals IMPLEMENTATION OF THE RIGHT TO HEALTH CARE IN THE COUNTRIES OF THE EUROPEAN UNION

2019 ◽  
Vol 72 (7) ◽  
pp. 1337-1342
Author(s):  
Yuliya Nazarko ◽  
Oleksandr Iliashko ◽  
Natalіa Kaminska
Keyword(s):  
Health Care ◽  
European Union ◽  
Human Rights ◽  
Social Relations ◽  
Legal Regulation ◽  
Right To Health ◽  
The European Union ◽  
Right To Health Care ◽  
Legal Standards ◽  
The Right

Introduction: The right to health is exercised through a complex system of state and social measures of legal, economic, social, scientific, cultural, educational, organizational, technical, sanitary and hygienic nature, aimed at preserving and improving the health of people , lengthening the life expectancy and working capacity, creating good living and working conditions, providing physical and mental development for children and young people, and preventing and managing illnesses and their treatment. The aim: Investigate the international legal and constitutional legal regulation of the right to health care in the countries of the European Union. Materials and methods: The article analyzes the Constitution of the European Union, a number of international legal acts and judgments of the European Court of Human Rights. Review: Each country defines the conditions for realizing the right to health care, according to which people should be healthy, the state itself assumes the obligations of the controller and the protection of this right. These provisions should primarily be enshrined in the Basic Laws - the constitutions. The main direction of state policy in reforming social relations is the achievement of European international legal standards in all spheres of public life. These standards fix the principles, guarantees of norms that determine the scope of human rights, in particular the right to health care. Conclusions: The main problem of ensuring and realizing the right to health in the European Union, as in many countries, is the financing of this industry, because in general, it is impossible to talk about free medical care in the European Union. There are also problems in the field of investment in health care. The urgent issues of primary health care and public health and the elderly dependence period.

scholarly journals Protection of Personal Information in the Medical Sphere of Social Relations

2020 ◽  
Vol 38 (Especial) ◽  
pp. 44-62
Author(s):  
Mykola O. Yankovyi ◽  
Hanna V. Foros ◽  
Hanna V. Zaiets ◽  
Olena I. Pluzhnik
Keyword(s):  
Social Relations ◽  
Medical Information ◽  
Personal Information ◽  
Personal Data ◽  
Legal Regulation ◽  
The European Union ◽  
Medical Specialties ◽  
Material Sources ◽  
European Court ◽  
Ordinary Person

The purpose of the work was to identify the main legal parameters of modern information. As material sources of research at work, not only the Ukrainian regulations in the field of medical relations information are used, but also relevant innovations in the legal regulation of medical information relations, which are produced in the countries of the European Union. It is established that in the normative legal acts of Ukraine, unlike in European legislation, there is no division of information about an individual into general data and vulnerable personal data. The laws of Ukraine do not contain the notion of "public figure", whose limits of criticism, according to the European Court of Human Rights, are broader for an ordinary person. Among the main conclusions, it stands out that, in order to guarantee the freedoms and rights of citizens, it is necessary in the regulations to classify groups, lists of personal data and access to them based on the secret classification to avoid ambiguities. The materials in the article have practical value for graduates of higher education institutions of police and medical specialties, among others.

scholarly journals On the Legal Consequences of Brexit (on the example of personal data protection)

2021 ◽  
Vol 105 (5) ◽  
pp. 45-55
Author(s):  
Mark Entin ◽  
◽  
Dmitriy Galushko ◽  
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The European Union ◽  
Cooperation Agreement ◽  
National Regulation ◽  
Personal Data Protection ◽  
Legal Consequences

The article explores the legal consequences of the UK's withdrawal from the European Union. The scope of personal data protection was taken as an example. The purpose of the article is to study and analyze the legal aspects of the termination of the UK's membership in the European Union, its impact on the cross-border transfer of personal data between the parties, as well as the development of legal regulation in this area. The article shows that, despite the signing of the Withdrawal Agreement, as well as the Trade and Cooperation Agreement, there is a complication of legal regulation, as well as the emergence of potential contradictions and threats to the interests of interested parties. The sphere of personal data protection clearly demonstrates that despite the desire for the sovereignization of legal regulation on the part of the UK, its legal system remains dependent on the legal order of the European Union. The UK's national regulation on personal data will be under constant monitoring by the competent EU authorities, which indirectly confirms the failure to achieve the goals of the full return of the UK's delegated sovereign powers. It is concluded that the EU Court of Justice still retains its jurisdiction over the United Kingdom, in particular, in connection with possibility to challenge decisions on adequacy, as well as through the adoption of its own practice on issues related to personal data protection.

PERSONAL DATA PROTECTION AND RESEARCH ACTIVITIES: EU LEGAL REGULATION EXPERIENCE

2019 ◽  
pp. 186-194
Author(s):  
A. G. Barabashev ◽  
D. V. Ponomareva
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
The European Union ◽  
Personal Data Protection ◽  
Research Activities ◽  
Special Rules ◽  
Biometric Information

Legal regulation of the use of personal data is essential in ensuring the quality of scientific research. Regulation of the European Parliament and of the Council of the European Union No. 2016/679 of April 27, 2016 «On the protection of natural persons with regard to the processing of personal data and on the free movement of such data», repealing Directive 95/46/EC, aims to unify the standards governing the protection of human rights to privacy, certain conditions beyond. This novel, introduced by the Regulation in the EU legal framework, complements and updates the acquis communautaire achieved within the framework of Directive 95/46/EC on personal data protection. The Regulation establishes both general rules applicable to any type of personal data processing and special rules applicable to the analysis of certain categories of personal data, such as information obtained during clinical trials. This paper provides an overview of new standards (in force since May 2018) that regulate aspects of personal data processing in the context of research activities (personal health data, genetic, biometric information, etc.)

scholarly journals EU Law and Mass Internet Metadata Surveillance in the Post-Snowden Era

2015 ◽  
Vol 3 (2) ◽  
pp. 53-62 ◽  
Author(s):  
Nora Ni Loideain
Keyword(s):  
Law Enforcement ◽  
Service Providers ◽  
Personal Data ◽  
Legal Framework ◽  
Private Life ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Communication Service ◽  
The Eu

Legal frameworks exist within democracies to prevent the misuse and abuse of personal data that law enforcement authorities obtain from private communication service providers. The fundamental rights to respect for private life and the protection of personal data underpin this framework within the European Union. Accordingly, the protection of the principles and safeguards required by these rights is key to ensuring that the oversight of State surveillance powers is robust and transparent. Furthermore, without the robust scrutiny of independent judicial review, the principles and safeguards guaranteed by these rights may become more illusory than real. Following the Edward Snowden revelations, major concerns have been raised worldwide regarding the legality, necessity and proportionality standards governing these laws. In 2014, the highest court in the EU struck down the legal framework that imposed a mandatory duty on communication service providers to undertake the mass retention of metadata for secret intelligence and law enforcement authorities across the EU. This article considers the influence of the Snowden revelations on this landmark judgment. Subsequently, the analysis explores the significance of this ruling for the future reform of EU law governing metadata surveillance and its contribution to the worldwide debate on indiscriminate and covert monitoring in the post-Snowden era.

scholarly journals Certain aspects of personal data protection in the social network: european experience and legislative regulation in Ukraine

2020 ◽  
Vol 9 (27) ◽  
pp. 383-390 ◽  
Author(s):  
Iryna Davydova ◽  
Olena Bernaz-Lukavetska ◽  
Semen Reznichenko
Keyword(s):  
Social Network ◽  
Data Protection ◽  
Personal Data ◽  
Eu Law ◽  
The European Union ◽  
General Data Protection Regulation ◽  
European Legislation ◽  
Personal Data Protection ◽  
The Social ◽  
The Individual

The purpose of this study is to examine some aspects of personal data protection in the social network, a comparative analysis of the protection of personal data in the social network under Ukrainian and European legislation, namely the General Data Protection Regulation of the European Union. The methods used in this work are: dialectical, comparative-legal, formal-logical, analysis and dogmatic interpretation. Each of these methods was used in the study to understand and qualitatively explain to the audience categories the individual aspects of personal data protection on the social network. This article reveals the notion of: personal data in the social network, the features of their collection, storage and protection in accordance with European legislation and the development of proposals aimed at improving these processes in Ukraine. The research also addresses the following issues: Features of managing consent to the processing of personal data that have already been obtained; who can act as an "operator" under EU law and what actions he can take; who can act as "controller" and what functions it performs. The article concludes that there is an urgent need to streamline Ukrainian domestic legislation in line with EU law, which should result in a new law on personal data protection that complies with GDPR norms. As a result, a new law on personal data protection may soon emerge in Ukraine, replacing the outdated Law of Ukraine “On Personal Data Protection” of 01.06.2010, which is a “mirror” of the repealed Directive 95/46/EC of the European Parliament and of the Council.

scholarly journals Personal Data Protection in New Zealand: Lessons for South Africa?

2017 ◽  
Vol 11 (4) ◽  
pp. 61
Author(s):  
A Roos
Keyword(s):  
South Africa ◽  
New Zealand ◽  
South African ◽  
Data Protection ◽  
Personal Data ◽  
The European Union ◽  
Right To Privacy ◽  
Personal Data Protection ◽  
Eu Directive ◽  
The Eu

In 1995 the European Union adopted a Directive on data protection. Article 25 of this Directive compels all EU member countries to adopt data protection legislation and to prevent the transfer of personal data to non-EU member countries (“third countries”) that do not provide an adequate level of data protection. Article 25 results in the Directive having extra-territorial effect and exerting an influence in countries outside the EU. Like South Africa, New Zealand is a “third” country in terms of the EU Directive on data protection. New Zealand recognised the need for data protection and adopted a data protection Act over 15 years ago. The focus of this article is on the data protection provisions in New Zealand law with a view to establishing whether South Africa can learn any lessons from them. In general, it can be said that although New Zealand law does not expressly recognise a right to privacy, it has a data protection regime that functions well and that goes a long way to providing adequate data protection as required by the EU Directive on data protection. Nevertheless, the EU has not made a finding to that effect as yet. The New Zealand data protection act requires a couple of amendments before New Zealand might be adjudged ‘adequate’. South Africa’s protection of the right to privacy and identity is better developed and more extensive than that of New Zealand. Privacy is recognised and protected in the law of delict and by the South African Constitution. Despite South Africa’s apparently high regard for the individual’s right to privacy and identity and our well-developed common and constitutional law of privacy, South Africa does not meet the adequacy requirement of the EU Directive, because we do not have a data protection Act. This means that South African participants in the information technology arena are at a constant disadvantage. It is argued that South Africa should follow New Zealand’s example and adopt a data protection law as soon as possible.

scholarly journals Ochrona danych osobowych i kierunki zmian w tej dziedzinie w prawie Unii Europejskiej

2014 ◽  
pp. 55-91
Author(s):  
Anastazja Gajda
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Fundamental Rights ◽  
The European Union ◽  
Effective Protection ◽  
Personal Data Protection ◽  
Policy Communication ◽  
Frame Work ◽  
Comprehensive Reform ◽  
The Eu

The paper concentrates on the protection of personal data in the European Union. The paper presents a comprehensive reform of the data protection frame‑ work, proposed by the European Commission in January 2012, including a policy Communication setting out the Commission’s objectives and two legislative pro‑ posals: a regulation setting out a general EU framework for data protection and a directive on protecting personal data processed for the purposes of prevention, detection, investigation or prosecution of criminal offences and related judicial activities. Both proposals concern the question of ensuring effective protection of fundamental rights. The analysis of the proposed legislation shows nevertheless that in this shape they do not lead to consistency and uniformity of the entire system of personal data protection in the EU. Significant differences in both proposals concern including different subject matter and material scope, effective protection of fundamental rights and the establishment of the hierarchy of the existing legal acts in this area.

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